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Governor Gretchen Whitmer is set to sign a package of ambitious decarbonization laws.

Michigan looks likely to pass an aggressive package of climate laws this week, as the state’s Democrats are set to capitalize on their first governing trifecta in nearly four decades.
The climate laws would require that 100% of Michigan’s electricity come from carbon-free sources by 2040, putting the state on par with the fastest state-level decarbonization deadlines nationwide. New York, Connecticut, Minnesota, and Oregon also aim to achieve zero-carbon electricity by 2040.
The bills would also open a new Just Transition Office within the Michigan Department of Labor and strengthen the state’s energy-efficiency and utility laws.
While other states have passed aggressive climate legislation, none of them are as politically contested — or quite as central to national politics — as Michigan.
“What’s really exciting is that this is probably the most purple state we’ve seen with a bold climate package on the cusp of the finish line,” Courtney Bourgoin, a senior policy manager for Evergreen Action, a climate advocacy group, told me.
“It’s going to be significant. This is a very pragmatic plan, but it builds off a strong foundation that we have in Michigan,” state Senator Sam Singh, who introduced one of the bills, told me. “It also positions us well to pull down the federal dollars that are available for this transition.”
Michigan’s Democrats are enjoying their first statehouse majority in nearly four decades. They have already repealed the state’s anti-union “right to work” laws and passed new LGBT protections.
The suite of four climate laws passed the state House of Representatives last week and is expected to go to the state Senate for a final vote in the next few days. The Senate already approved an earlier version of the legislation.
Governor Gretchen Whitmer is expected to sign the laws after passage. In August, Garlin Gilchrist, the state’s lieutenant governor, suggested in a speech that Whitmer supported the laws. Whitmer’s MI Healthy Climate Plan initially proposed zeroing out carbon pollution from the power sector by 2050, not 2040.
“The climate crisis is urgent,” Gilchrist said at the time. “We need to act now. We need to act legislatively. We need to act administratively.”
Here’s what the four proposed laws would do:
The first law sets a new, 100% clean-energy target by 2040. It also rewrites the state’s existing renewable portfolio standard to require that 60% of the state’s electricity come from wind, solar, or another renewable source by 2034. (The remaining 40% of electricity could come from nuclear power or natural gas with carbon capture.)
The second law sets new energy efficiency requirements for the state’s power and gas utilities. For the first time, utilities must spend at least 25% of their efficiency funds on low-income communities.
The law also encourages utilities to electrify people’s homes in the state by installing induction stoves or heat pumps. That’s particularly important because Michigan ranks among the top five states for use of home-heating oil.
A third law will allow the state’s public service commission, which regulates utilities, to consider climate and reliability questions while planning the state’s electricity grid.
The final law establishes a new Just Transition Office within the state’s labor and economic-development office that will advise the government about how best to retrain and help workers and communities who are hurt by decarbonization.
The office, for instance, could help connect “internal combustion engine vehicle workers” with retraining opportunities, counseling, skills matching, and potentially ways to replace their lost income. Most of its work would come from proposing new state programs, writing “transition plans” for various industries, or identifying federal funding. (My sense is that the office would be as effective and useful as the person directing it.)
“We’re going to be working with industry and workers concurrently,” Singh said. “I’m excited because we ensured that equity is part of the conversation as well as making sure we put strong labor requirements in as well.”
Another pair of proposals would let renewable-energy developers apply to the state’s public service commission for permission to build a project instead of going through a local zoning board. Michigan has highly restrictive local-level zoning rules on building new solar and wind, Sarah Mills, a University of Michigan researcher, told me.
While those proposals have passed the House, their fate in the Senate is less certain. The state’s fall legislative session ends on Friday.
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Current conditions: A summer-like heat wave is driving up temperatures in Los Angeles past 100 degrees Fahrenheit • Hurricane Nolo is transitioning into Typhoon Nolo as it shifts into the western Pacific with winds of up to130 miles per hour • Hurricane Rachel is moving toward Mexico, stirring danger swells in Baja California.
The United States Supreme Court is starting its new nine-month term today hearing arguments in a major case from Exxon Mobil and Suncor Energy attempting to thwart a lawsuit by the city of Boulder, Colorado, seeking damages for the effects of climate change. SCOTUSblog called the litigation “one of biggest cases” of the next year, and “certainly one of the most significant business cases.” The conclusion of the case could scuttle dozens of similar lawsuits pending across the country. My colleague Emily Pontecorvo wrote earlier this year that the case has been winding up through the courts since 2018.
Meanwhile, 21 states and four cities united to sue the Trump administration last week over the Environmental Protection Agency’s repeal of all limits on greenhouse gas pollution from power plants. “This administration’s insistence on giving the nation’s biggest polluters a free pass will set our country back decades in the fight against climate change,” Letitia James, the attorney general of New York, told The New York Times. “Dismantling these protections is a betrayal of American families.”

In 2019, Luiz Inácio Lula da Silva, the once and future president of Brazil, emerged from prison and two years later, won back the nation’s top job from right-wing hardliner Jair Bolsonaro. Now Bolsonaro is in prison, and his son, Flávio Bolsonaro, is vying against the Brazilian leader commonly known as Lula for the country’s presidency. The candidates led the first round of voting, which finished Sunday, and will advance to the next round of voting on October 25, according to a tally on Folha de S.Paulo, the nation’s leading newspaper.
Under Lula’s reign, Brazil conserved an area of rainforest roughly the size of the state of New Jersey, all while ramping up oil production. Bolsonaro the younger threatens a return to his father’s policies of ramping up development in the Amazon and other wildernesses. “This is really bad for the Amazon — its Indigenous land defenders, its ecology. We’re getting close to the whole rainforest tipping into a savannah equilibrium; brutal for climate,” Daniel Aldana Cohen, an assistant professor at the University of California at Berkeley who has studied Brazilian climate politics, wrote on X. “These are years of incredibly high-stakes struggle between life & fascism.”
The price of Brent crude shot up to nearly $103 per barrel Sunday after Yemen’s Houthi rebels claimed to have attacked an Aramco refinery in the Saudi capital of Riyadh. In a statement posted Saturday on X, Houthi military spokesman Yahya Saree said the Iran-backed militants had launched “ballistic missiles and drones” at two facilities owned by the Saudi state oil company. Later on Saturday, Al Jazeera reported that the Saudi-led coalition supporting Yemen’s internationally recognized government had called the Houthi claims “misleading,” instead noting that the Houthis had suffered 97 “precise targeting operations” over the weekend.
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The Department of Energy is expected to announce a roughly $4 billion loan package to utility Vistra Corp. later today during Secretary of Energy Chris Wright’s visit to the Perry nuclear complex northeast of Cleveland that will fund upgrades to three of its nuclear stations. That’s according to reports in Bloomberg and Reuters. The package will fund upgrades at Vistra’s plants in Ohio and Pennsylvania.
It’s the latest attempt by the Energy Department to prop up the nuclear industry. In June, the Trump administration made what my colleague Robinson Meyer called its “big nuclear play,” providing nearly $20 billion in loans to joint ventures between the nation’s flagship reactor developer Westinghouse and utilities seeking to build the next AP1000s. South Korea, meanwhile, agreed last week to help build six AP1000s and two of the country’s own APR1400s, which Westinghouse has previously accused the state-owned Korea Hydro & Nuclear Power of ripping off from the leading American design.
International shipping giant FedEx has placed a record-setting order for 2,000 all-electric box trucks from the American startup Harbinger Motors, in a deal that — while reportedly worth more than $300 million — could save the company nearly three times as much in diesel costs, according to Electrek. As my colleague Matthew Zeitlin wrote recently, now is the worst time for diesel prices to surge.
When Rob caught up with Harbinger’s co-founder on our Shift Key podcast last year, the entrepreneur was largely discussing how tariffs had shifted the company’s manufacturing policy. But the Trump administration policy now making the bigger difference may be the effects of the war on diesel prices.
America’s favorite instant coffeemaker may be ready to put an end to its pod pollution. Keurig Dr. Pepper has launched AltaRounds, a new way of brewing coffee that the company says will slash waste by creating one-cup portions made from compressed coffee wrapped in a coating derived from seaweed instead of plastic, Bloomberg reported. AltaRounds can be disposed of like coffee grounds and can be composed at home. But using them will require buying a new kind of machine.
The proposal resolves an issue that has bedeviled the industry since 2022.
Is Rosemont about to be BAAJA blasted away?
In a 2022 decision formally titled Center for Biological Diversity v. U.S. Fish & Wildlife Service, the Ninth Circuit Court of Appeals ruled that Rosemont Copper Company its claim under the General Mining Act of 1872 did not give the company license to dump literally millions of tons of waste rock on adjacent Forest Service land. Though Rosemont argued that the use fell under the law’s provisions for “mill sites” on public lands used for mining, the court found that because the parcel in question lacked valid mining claims of its own, the Mining Act did not justify its use under its own permissive regime.
The conservative energy group ClearPath Action described the decision as “a significant departure from long-held mining practices.” Industry groups said that the decision would vastly extend and complicate the process of mining on public lands by putting areas with mineral claims into a separate legal and permitting category from adjacent land that had customarily been considered part of the mining development.
Almost immediately after the court decision, the mining industry and its allies in Congress got to work trying to “fix” the Rosemont decision in order to restore the pre-2022 status quo.
One proposed fix — the Mining Regulatory Clarity Act — has been introduced several times in both houses of Congress, including as far back as 2023 in a Senate bill co-sponsored by Catherine Cortez Masto of Nevada and Jim Risch of Idaho.
Another version of the bill, sponsored by Nevada Republican Mark Amodei, Nevada Democrat Steven Horsford, and Alaska Republican Mark Begich, passed the House of Representatives late last year with a handful of Democratic votes. Both bills would have explicitly established that miners could claim public land for waste rock disposal as long as it was “reasonably necessary” and “reasonably incident” to mineral development.
Now they may all be getting their wish. The comprehensive permitting bill introduced by Republican and Democratic leaders in the Senate known as the Bipartisan American Affordability and Jobs Act, includes the full text of the Mining Regulatory Clarity Act
Both parties have been trying to jumpstart the domestic mining and critical minerals industry, especially for materials key to energy sectors, such as copper and lithium. The long lead time it takes to permit and open a mine is one of the major barriers to developing the domestic mining industry (along with nasty price competition from overseas miners and refiners, especially those controlled by Chinese firms).
This is not the first time a bipartisan permitting bill has included what’s known a “Rosemont fix.” There was also one in the 2024 Energy Permitting Reform Act, and in the Senate FREEDOM Act introduced by Cortez Masto and Arkansas Republican Tom Cotton this past summer.
You may have noticed lots of Nevadans associated with these bills. That’s because “Nevada is to mining as Texas is to oil and gas,” Aaron Mintzes, deputy policy director of Earthworks, a frequent and vigorous adversary of the mining industry, told me
While environmental groups generally supported the Rosemont decision, some groups supporting the clean energy industry backed the Mining Regulatory Clarity Act, including Bipartisan Policy Center’s lobbying arm, the clean energy trade group Advanced Energy United, and the Zero Emission Transportation Association, which includes several copper and lithium companies among its members. (Mintzes described ZETA as “the lithium mining lobby” and an “outlier” among clean energy groups in supporting the Mining Regulatory Clarity Act.)
Instead of a technical fix that would comply with the spirit of existing law, Mintzes described the changes to mining regulation in BAAJA as giving mining companies “a nearly unlimited amount of public lands for their waste dumps, for their roads, for their pipelines, for their transmission lines, and for any other purpose that would be reasonably incident to mining.” That goes beyond the mill sites envisioned by the 1872 law, he said.
The National Mining Association, on the other hand, praised the bill Wednesday, with its president Rich Nolan saying in a statement that the existing permitting process is “mired in duplication, endless litigation and uncertainty,” and that “elected officials on both sides of the aisle have long acknowledged that the status quo cannot continue.”
Albert Gore, the executive director of the Zero Emission Transportation Association, told me that there was a “broad recognition” among miners, refiners, and operators that the Rosemont decision required a statutory fix.
“It needed to be clarified in order to remove uncertainty. It's hard enough to invest in mineral production in the United States,” Gore said.
BAAJA’s mining provisions also include the Abandoned Hardrock Mine Fund, which would be funded by maintenance fees collected by the Department of the Interior under the same 19th century mining law. This fund would support a program established by the 2021 Bipartisan Infrastructure Law to clean up abandoned mining sites.
In a transcript of a strategy call between environmental organizations on the BAAJA published by Punchbowl, Mintzes described the fund as “the one good thing I spotted in this bill so far.”
Exploratory projects are making a splash in Maine and Alaska.
A legal brawl is brewing over what could be the nation’s first underwater data centers.
Two subsidiaries of a new LLC named DeepGreen have applied for “preliminary” permits from the Federal Energy Regulatory Commission that would give four years of permission for studies and analysis towards constructing underwater data centers off remote coastlines in Maine and Alaska. The data centers as proposed would be powered entirely by tidal energy, as in, the power of waves themselves – a technological innovation from hydropower still being piloted around the world. Project descriptions submitted to FERC lay out what these data centers would look like in broad strokes: hundreds of hydrokinetic turbines, dozens of underwater “data center pods,” and miles of subsea cable. The permits would not authorize construction, which would need its own lengthy review process. But these early green lights would tee both areas up for years of potential conflict over hypotheticals that feel real to those on the ground.
There are upsides from purely a carbon emissions perspective. Relying on tidal energy suggests they’d be greenhouse gas-free, powered by the energy of the ocean. It would also eliminate the land use problem that upends so many AI data center projects. There are also clear environmental risks, as they’re also being suggested in ocean areas often coveted for protection, off coastlines where it’s unclear if the neighboring communities will accept them.
DeepGreen’s Alaska project is proposed within a more than 1,000-acre channel of the Cook Inlet, an estuary coveted by fishermen and wildlife conservation advocates, where fights over resource development already occur often. The upstart company’s Maine project is planned for the northernmost tip of the state, in the Bay of Fundy, which shares a transnational border with Canada. Canadian tidal power generation for the general populace marginally exists today in the Bay of Fundy – with major stipulations for marine life protection because it affects the general nature of water currents.
It’s crucial to note neither project has much information available online, sans brief text file project descriptions available through FERC’s online filing database. There is no public-facing website to date for the project, or for DeepGreen itself. When I contacted Louis Wolfson, a vice president at the company who is listed on company filings, he declined to talk about the developments over the phone and suggested I contact him at an email address listed in FERC application documents. That email address uses a website – “DeepGreenCoastal.com” – that does not seem to exist.
Still, we already know enough to say both development areas are likely to require substantial federal review. Not only does their presence in these waters almost necessitate it but both development areas receive considerable whale traffic. DeepGreen has already acknowledged a need to coordinate passive acoustic monitoring and “non-invasive study methodologies” with the National Marine Fisheries Service, the federal marine protection agency run out of NOAA. The Bay of Fundy is a prominent summer home for the endangered North Atlantic Right Whale and the National Marine Fisheries Service has already intervened in the FERC case for the Maine project, signalling in its filing that Endangered Species Act and fish habitat consultations “may be necessary for the project.”
The Center for Biological Diversity has also filed motions to intervene in both FERC cases, which they tell me is a prelude to potential litigation. “Putting one of these in the ocean just seems like a dystopian nightmare but it was especially alarming because of the areas they want to put these in,” Kristen Monsell, CBD Oceans Program Litigation Director, told me in an interview. “[The motions] are a step required in order for us to participate in the permitting process at FERC and then preserve our ability to challenge the decision in court if we think that’s necessary.”
In Maine, the coastline neighbors are the city of Eastport, which is vociferously opposed to this data center being built. The city passed a moratorium on data center development in response to the project and filed a request to intervene in its FERC case this week. “The City's concerns include potential effects on fisheries, marine habitat, water quality, currents, sediment, underwater noise, electromagnetic fields, equipment heat, existing uses of the waterway, and access to marine resources,” the city stated. “Questions also remain about equipment failure, storm damage, emergency response, equipment recovery, site restoration, and eventual decommissioning. These concerns are specific to the proposed placement and extended operation of computing and energy infrastructure on and beneath the seabed.”
In Alaska, DeepGreen doesn’t face a situation like Eastport with a bustling tourist destination-turned-nemesis, but there’s still quite a bit of local confusion and consternation.
The Kenai Peninsula Borough, which is the equivalent of a county-level government, is currently neutral on the development. But the Alaska Commercial Fisheries Conservation Alliance, a newly-formed nonprofit that includes fishing permit holders in the Cook Inlet, submitted a filing to FERC claiming the project site doesn’t properly take into account existing fishing permit holders and that “a preliminary permit proceeding that advances a project of this scale without any commercial fishing impact assessment” would fail the agency’s public interest obligations.
I asked DeepGreen if it had any comment on the litigation risk around their projects. This is what Louis Wolfson provided: “Preliminary permits under the Federal Power Act do not authorize construction or physical disturbance. Their sole purpose is to establish priority while environmental, bathymetric, and technical feasibility studies are conducted. Stakeholder participation is an expected and healthy part of the FERC regulatory process. DeepGreen welcomes the engagement of conservation organizations, local communities, and regulatory resource agencies as we evaluate whether these sites can deliver low impact, zero carbon infrastructure in full compliance with federal environmental laws."